Khieu Samphan during one of his visits to China (Photo: AFP)Ex-Khmer Rouge chief on silence strike
C. Payen, FRANCE 24's correspondent in Cambodia, reports that Khieu Samphan ex-Khmer Rouge chief on genocide charges will abstain from speaking at his trial to protest administrative irregularities.
Wednesday 13 February 2008
By FRANCE 24 with news wire services
Khieu Samphan, former Cambodian president during the country’s dark Khmer Rouge years, who is scheduled to go before a judge for preliminary questioning Thursday, made it known through his lawyer that he will be going on a “silence strike,” or “grève de la parole” as it’s called in French.
Specifically, he will refuse to answer questions put to him by the international tribunal established to judge the genocide perpetrated in Cambodia during the 1970s.
“This is good news for the trial that comes 30 years after the fact,” said Cyrile Payen, FRANCE 24 correspondent in Phenom Penh.
The former president cited procedural reasons related to administrative delays at the tribunal. “All the documents relating to the charges haven’t been translated into the desired languages (Cambodian and French) and Khieu Samphan’s legal team claims that they cannot continue in this manner,” said Payen.
Jacques Verges, Samphan’s French lawyer announced that he would be leaving Cambodia on Thursday. With a principal defendant refusing to participate and a defense lawyer leaving the proceedings, the UN sanctioned trial is facing new difficulties after already suffering numerous delays.
Two million dead
Some two million people died under the Khmer Rouge regime, which, in the name of an ideology inspired by Maoism and tinged with nationalism, sowed the seeds of terror between 1975 and 1979 in Cambodia. It purged cities to benefit the rural areas, imposed forced labor and systematically eliminated all opponents.
Khieu Samphan, along with Nuon Chea, Ieng Sary and Kaing Guek Eav, also known as "Duch", are all currently in jail, awaiting judgment for crimes committed during this period.
Most of the suspects are senior citizens, and tribunal officials fear they will die in prison while awaiting trial—the date for which has not yet been set.
The tribunal, expected to focus mainly on the Cambodian genocide, was put into place with much difficulty in July 2006 in Phnom Penh after a decade of negotiations between the Cambodian government and the UN.
Granted an initial budget of more than 56 million dollars for a three year period, the court is beginning to face financial difficulties and recently gave notice that it needed an additional 114 million dollars to function until 2011.
Wednesday 13 February 2008
By FRANCE 24 with news wire services
Khieu Samphan, former Cambodian president during the country’s dark Khmer Rouge years, who is scheduled to go before a judge for preliminary questioning Thursday, made it known through his lawyer that he will be going on a “silence strike,” or “grève de la parole” as it’s called in French.
Specifically, he will refuse to answer questions put to him by the international tribunal established to judge the genocide perpetrated in Cambodia during the 1970s.
“This is good news for the trial that comes 30 years after the fact,” said Cyrile Payen, FRANCE 24 correspondent in Phenom Penh.
The former president cited procedural reasons related to administrative delays at the tribunal. “All the documents relating to the charges haven’t been translated into the desired languages (Cambodian and French) and Khieu Samphan’s legal team claims that they cannot continue in this manner,” said Payen.
Jacques Verges, Samphan’s French lawyer announced that he would be leaving Cambodia on Thursday. With a principal defendant refusing to participate and a defense lawyer leaving the proceedings, the UN sanctioned trial is facing new difficulties after already suffering numerous delays.
Two million dead
Some two million people died under the Khmer Rouge regime, which, in the name of an ideology inspired by Maoism and tinged with nationalism, sowed the seeds of terror between 1975 and 1979 in Cambodia. It purged cities to benefit the rural areas, imposed forced labor and systematically eliminated all opponents.
Khieu Samphan, along with Nuon Chea, Ieng Sary and Kaing Guek Eav, also known as "Duch", are all currently in jail, awaiting judgment for crimes committed during this period.
Most of the suspects are senior citizens, and tribunal officials fear they will die in prison while awaiting trial—the date for which has not yet been set.
The tribunal, expected to focus mainly on the Cambodian genocide, was put into place with much difficulty in July 2006 in Phnom Penh after a decade of negotiations between the Cambodian government and the UN.
Granted an initial budget of more than 56 million dollars for a three year period, the court is beginning to face financial difficulties and recently gave notice that it needed an additional 114 million dollars to function until 2011.
8 comments:
To Mr. Kheiu Samphan,
Having gone silence during a trial that is now very crucial for the court is not something that Mr. Kheiu Samphan ought to do. Cambodia has no self incrimination law such as taking the fifth as in the United States.
Mr. Kheiu Samphan and his involvement in Khmer Rouge genocidal will not allow him to do as such due to the fact that there were many photos showing him in China sharing his so called party in Bejing. In addition, he is also a party leader during Khmer Rouge regime.
Now Mr. Khieu Samphan's freedom is in the hands of the ECCC. His freedom is on the brink of light and it looks like he is soon heading to Prey Sar Correctional facility since under the Cambodian Constitution do not support death penalty.
By taking the "silence act" Mr. Kheiu Samphan has shown that he is guilty as charged and ask for mercy of the court to see what sorts of sentencing would fit Mr. Kheiu Samphan crimes against humanity.
We shall wait to see what decision be rendered by the ECCC judges.
I thank you.
ST
there are overwhelming evidences against all the former KR backward leaders. please condemn all of them in according to law, so something like that can never exist in cambodia again or the world for that matter. please help to find justice for the cambodian people who have suffered so much beyond any imagination.
It appears that in the civil traditional type court which the ECCC seems to mirror, the questioning is used against the accused (inquisitional process as opposed to common law traditions which is adversarial). So, why should any of them answer questions? The burden should be on the ECCC to prove that they have committed crimes v. humanity or war crimes.
The questions that should be shown through proper evidence is was he a superior? Was he in effective control? Did he sanction or fail to act (on notice). If so, he can be convicted though the legal Nuremburg theory of command responsibility- a theory of law fashioned to convict those where there is no direct evidence linking them to the alleged wrongful acts, but the court nevertheless imputes liability to them via "command responsibility."
To 2:21am,
Unless there is such law exist to which it allows Mr. Khieu Samphan to do as such, but it is not so otherwise. True to certain extend that ECCC must prove beyond reasonable of doubt linking Mr. Khieu Samphan to these crimes.
In my professional opinion, although Mr. Khieu Samphan is not directly involved in the killing or even committing an act of genocidal, but surely, Mr. Khieu Samphan has some key roles indirectly associated with the crimes itself or you can say an accessory to the crimes. Thus, the question is under the penal codes of Cambodia are there such laws exist to which ECCC can prosecute these war criminals within the country that has its own sovereignty, unless Cambodia is a member of Interntional Court of Justice which under the international law, these former Khmer Rouge leaders can be brough to justice under these conditions or agreement.
Either way, I see these war criminals wont get out of prison anytime soon. They deserve what is coming their ways.
I thank you.
ST
Dear ST:
"By taking the "silence act" Mr. Kheiu Samphan has shown that he is guilty as charged and ask for mercy of the court to see what sorts of sentencing would fit Mr. Kheiu Samphan crimes against humanity".
Yes, MORALLY one may say that he is guilty as charged [shown his unwillingness to defend himself and answer to any questions the court posed or will pose], however, he has not been LEGALLY charged and found guilty on crime against humanity [His legal lawyer claimed that “All the documents relating to the charges haven’t been translated into the desired languages (Cambodian and French) and technically speaking these documents shall have translated into desired languages long before the proceeding so there won't be any delay in the hearing.
If we look at the case and trials of the former Serbia - Slobodan Melosvic, He has countless times accepted and then rejected his legal counsel appointed by the Hague and finally he got his own way "Defend himself". There were many delay after delay by the court itself [debating whether it was a fair trial if the defendant rejected legal counsel], then his health deteriorated and finally the case closed and uncharged as he died.
By saying this, it doesn't compliment the tactics used by Mr. Khieu legal counsel but I see that it would warrant them [legal team] to buy more times for their client.
On the other hand, even if all the documents have been translated into desired languages, the court is still having a big tasks ahead of them to prove beyond reasonable of doubt linking Mr. Khieu Samphan to these crimes.
Now I can see another delay as his French lawyer will not available - "Jacques Verges, Samphan’s French lawyer announced that he would be leaving Cambodia Thursday" and
because the principle defendant refuse to participate hence the judges will debate and decide whether his hearing should be adjourned until further notice. [non-availability of his legal counsel, documents to be translated in desired languages].
Dear 4:38AM,
That is the beauty of democracy, even the criminals have representation through courts and judicial systems known as " you are innocence until proven guilty."
The legal system in Cambodia is not something that I am proud of and it is not worth mentioning, but I have made my decision to take time study and contribute to this KI website in order to voice and exchange my view personally with people from all walks of life.
For instant, Cambodian Consitution needs alot of enhancement not to mention the stipulation of its contents. Its articles have alot of brushing and molding by those who understand the true difinition of legalities, meanings and its intention to the fullest.
The same can be said in Enforcement and Punishment under Cambodian Penal Codes. I have spent sufficient of time reading its descriptions and contents, I came to one conclusion...very weak and too vague. Again not to discredit where it dues, but the intention of the law is to be understood before obeying it. If you dont understand anything about the law how else would you propose the public to voice their opinion not to mention or speak of the law and its representations. This I did not even attempt for one moment to speak or address about the enforcement or punishment.
The laws are written to be obeyed, but if they are not fully enforced and punished those who violated the law...why write them in the first place? ECCC in Cambodia to me has always been a joke or just an act attempt by the International Community to work with Cambodian government to ensure that crimes against humanity is not lightly taken, but the truth of its fullest accounts will never be revealed. Why? Because the agreement or the outcome of this trial has already been rendered by the one who have funded this program.
The delay of this trial is an act of perpetuated reasons for all these war criminals to faded away with time. I pity for those countries who have funded this trial when they could have used the monies to help the unfortunates. If ECCC really want to know the truth, the ECCC must subpeona China, Russia, United States and those Cambodians who were working for the Republic of Cambodian government. They are still alive today living peacefully throughout the world. But those unfortunate compatriots do not care about their own country all they care about is their well being. How shamefull of them.
My two professional cents: Cambodia must learn to forgive and forget what has happened in the past eventhough it is a very difficult things to do, but they have to remember one thing...they still have a brigh future ahead of them. Even the United States has its shares of the Civil War and the atrocity might not be the same as Cambodia, but it has happened.
Hold on to the future and stay focus on every issues that important to every Cambodians. It is your future...do stay focus.
I thank you.
ST
Dear ST:
That is the beauty of democracy, even the criminals have representation through courts and judicial systems known as " you are innocence until proven guilty." -
Agreed with you 100% " you are innocence until proven guilty."
Thank you
For instant, Cambodian Consitution needs alot of enhancement not to mention the stipulation of its contents. Its articles have alot of brushing and molding by those who understand the true difinition of legalities, meanings and its intention to the fullest.
Do agree with you on that. Let get off the track for a while and look into the story made headline in Australia some 3 weeks ago when 2 activists board Japanese whaling vessel mid-sea.
According to the activists, their intention is to delivery letter of protest against whaling in southern ocean [near Antarctic] which Australian claimed to have sovereignty. However, the Japanese choose to ignore that sovereignty.
According to an International law expert - a professor here stated "If Australia tried to get Japanese to court due to the claimed of sovereignty then the Japanese could also take Australian to court based on the International Maritime law - Boarding a vessel mid-sea without consent which can be constituted as "pirate"; based on current climate [at sea].
That lead me to think that even if international law there is a loop hole somewhere that people can poke and twist to their suitable and reasonable interpretation.
So does law in any other nations, in particular the criminal law. I meant if a criminal who committed murder and if medical expert proved that the criminal suffered from severe type of psychological disorder then they [criminal] will be locked up in mental institution rather than in jail.
If ECCC really want to know the truth, the ECCC must subpeona China, Russia, United States and those Cambodians who were working for the Republic of Cambodian government. They are still alive today living peacefully throughout the world
Sorry to say that the agreement between the RG and UN on the establishment of this tribunal is designed in a way that no other countries whether or not directly or indirectly involved shall be brought to answer any question except the top leaders of the regime and other/s [member of the KR only] deemed to committed crime against humanity.
Cambodia must learn to forgive and forget what has happened in the past eventhough it is a very difficult things to do, but they have to remember one thing...they still have a brigh future ahead of them.
The set back is the "Hatred and revenge" seemed to take the upper hand of Cambodia as seeing during the KR regime "People worked for the Khmer Republic were rounded up and executed", "Purging of its own people during KR - due to failed policies and paranoid, may be", the 1st phase on and after 7 January 1979 when "Civilians took law into their own hand and executed those [group, villages and youth leaders' they believed to have done bad things to them, have their family member/s killed during the KR".
By saying this, doesn't meant that Cambodia cannot learn to forget and forgive the past and they have so demonstrated for the past 3 decades "moving on with life - some do it better than other putting their psychological and physical pains behind" until the day the court is established, theirs anger explode again but majority of them just want to see Justice.
Khieu Samhan Noun Chea, Ieng Sary etc... all are educated people they must be reponsible for what they have done.... Not to blame VN, Thailand China and US at all..
Do not blame the ghost...
They should be couragoeus.. to say something about regime(KR).... and be responsible..
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